Supreme Court

NFIB v. Sebelius Comes Back to Bite Obamacare

David Catron, The American Spectator

Obamacare advocates claim that the failure to defend the ACA in Texas v. United States is an unprecedented dereliction of duty by the Department of Justice (DOJ). This is hysterical nonsense. It is indeed unusual, but the DOJ is by no means obligated to defend a law deemed unconstitutional by the President. If these provisions are struck down, Obamacare will have been all but nullified. This is why the Democrats and the media have so shamelessly misrepresented the decision not to fight Texas v. United States.

The gay times roll, but the Supremes stop the music

Wesley Pruden, Washington Times

This is not the end of the affair. Other cases are percolating through the legal system, one or two of them up to the Supreme Court. These cases, too, are not about wedding cakes, or public accommodation, or even about being left out of wedded bliss. Gays want the larger culture to say that their “lifestyle” demands celebration by all. Dissenters must be broken on the wheel. Religious faith can be no excuse. Justice Kennedy sees that, in spite of his new self. The three percent must rule, whatever the cost.

The High Court and Religious Freedom

William McGurn, Wall Street Journal

The more religious freedom, the better, I’m telling you. Such is the point that matters amid reverberations from the high court’s reversal of a Colorado Civil Rights Commission ukase green-lighting the punishment of baker Jack Phillips. No great American thinker has suggested that freedom of religion fixes everything. The contention that it fixes nothing — just stirs up bigots and hate-mongers — is among the craziest propositions on display anywhere.

Masterpiece Cake: Supreme Court Emancipates Christian Slave

After Masterpiece Cake, religious persons who have been persecuted by state and local enforcers of the Left’s anti-religious agenda now have the right to introduce evidence of bias and to obtain relief when a government’s demand for tolerance becomes merely a cover for the Far-Left to persecute those who wish to live according to Biblical principles.

SCOTUS Deals Blow to Planned Parenthood

David Catron, The American Spectator

SCOTUS found Planned Parenthood of Arkansas & Eastern Oklahoma v. Jegley lying on its doorstep. But the justices declined to take this legal orphan in, rejecting it without comment. That may be a harbinger of worse things to come for the abortion industry. The Court is expected to rule soon on a high profile case whereby the petitioners have challenged a California law that requires crisis pregnancy centers to post information about the availability of free abortions. The basic mission of the centers is to discourage abortions, so they believe the law violates their First Amendment free speech rights.

Trump’s tweets are temporary, the rule of law is permanent

Editors, Washington Examiner

If a president without Trump’s Twitter account had attempted the same action, no judge would entertain legal opposition to it. The #Resistance may think they’re saving the country and democracy by overstepping their bounds. In fact, they’re trivializing and politicizing the legal system to achieve political ends they will deeply regret later.

‘But Gorsuch’ Is More Than a Slogan

Steven Greenhut, The American Spectator

The Janus case (practically speaking, this case could — and probably will — dramatically roll back the power of government unions in non-right-to-work states) is a big one. And it might really help those of us living in blue states. It’s not the most watched result of the Trump presidency, but it could be one of the most substantive results of it to date. Anyway, waiting for the court’s decision certainly is more satisfying than throwing stress balls — or banging my head — against the wall.

Republican AGs: Obamcare Now Unconstitutional

The Tax Cuts and Jobs Act of 2017 eliminated the Obamacare penalty. Now that the penalty or "tax" has been removed from Obamacare, but the health insurance mandate remains, Obamacare is unconstitutional.  That is why the 18 Republican Attorneys General and two Republican Governors have sued to have Obamacare held unconstitutional.

New Ear to the Ground Poll: Cultural Divide Deepens in First Year of Trump Presidency

We have an exclusive look at a new EarToTheGround.us poll conducted through the collaboration of ConservativeHQ.com and other individuals and organizations. The poll found Americans are deeply divided on the meaning of patriotism, the Constitution and how they viewed religion and prominent cultural brands and institutions.

SCOTUS and the Spy in Your Pocket

Mark J. Fitzgibbons, American Thinker

The Supreme Court recently heard oral argument in Carpenter v. U.S. about whether the Fourth Amendment protects cell phone data held by the phone companies. The case has potentially major implications for privacy in the digital age. The original meaning of the Constitution can or should apply to today’s technology and media. Information is as dear and valuable as any paper or other possession, and seems to be compatible with the original meaning of "effect" in the Fourth Amendment.

When Government Calls the Shots

William Murchison, The American Spectator

Government attempts to silence or impede doubters as to gay marriage could have lasting negative effects, keeping the pot boiling and stifling attempts at reconciliation, should any be attempted in a climate of non-think. Especially is this the case when judges barge in, telling the unenlightened masses how wrong they are; how in need, maybe, of a Beijing-style song-and-dance routine to straighten out laggard thoughts.

Another win: Supreme Court okays Trump travel ban

James Simpson, Bombthrowers

The other day, in a 7-to-2 decision, the Supreme Court allowed Presidential Proclamation 9645, the third iteration of President Trump’s travel ban, to come fully into effect pending two legal challenges expected to be heard soon in the oft-overturned Ninth Circuit Court of Appeals and the Fourth Circuit Court of Appeals.

A piece of cake for the Supreme Court

Editors, Washington Examiner

If the Supreme Court decides in favor of the Colorado Civil Rights Commission, it will buttress state power at the expense of the Bill of Rights. It would endorse coercion to force people to pretend to believe what they understand to be false. This would shatter the First Amendment. It would institutionalize a violent struggle, which cannot end, in which might decides what is right, in which the powerful can use the law to subjugate the weak.

Will Supreme Court Uphold Slavery Of Christians?

Yesterday the Supreme Court heard the case of Christian baker Jack Philips and Masterpiece Cakeshop who refused to participate in a same-sex wedding. To force someone to do labor against their will is the very definition of slavery and that is what the radical homosexual lobby has been using courts across America to do.

Why Many Christian Conservatives Support Roy Moore

Patrick J. Buchanan, The American Conservative

If the election in Virginia this year is a harbinger of what is to come, GOP control of Congress could be washed away in a tidal wave in 2018. Hence, 2018 may be a do-or-die year to recapture the third branch of government for conservatism. Which is why that December 12 election in Alabama counts.

Trump Finally Gets His ‘Travel Ban’ Victory

Andrew C. McCarthy, National Review

The Court not only dismissed as moot the challenge to the administration’s restrictions on travel to the United States by aliens from six countries. Critically, the Court also vacated lower-court rulings that had upheld injunctions against the travel restrictions.

Democrats find excuses for election losses in lawsuits

Editors, Washington Examiner

There is only one reason this case is being heard now. It is that Democrats still haven't accepted their loss in the 2016 election. They can fall back on Hillary Clinton's victory in the national popular vote, but they lost the popular vote for the House of Representatives. Incapable, apparently, of accepting that their ideas and candidates have fallen short, they are peddling to their demoralized followers the notion that they lost because of gerrymandering.

The dam holding back school choice will soon collapse

Editors, Washington Examiner

Without a flood of plundered money, unions will be a diminished force, and their power over Democratic politicians will likewise decline. As polling increasingly shows bipartisan support for school choice, especially for the type of program in Florida, politicians are likely to swing that way too. They go where they can get votes.

SCOTUS Gives School Choice a Chance

Bill Donohue, CNS News

It is up to state lawmakers to introduce legislation that allows for non-discriminatory school voucher programs, and all other measures that provide parents with choice in education. Education equality is long overdue. Those who seek to keep the poor in their place—by condemning innocent minority children to failed public schools in the inner-city—are the big losers.